Common Law Marriage Explained

Common Law Marriage Explained

Common law marriage is a legal framework that recognizes a couple as married without a formal ceremony or marriage license. While many people believe that simply living together for a certain period creates a common law marriage, the reality is more nuanced.

States That Recognize Common Law Marriage

As of 2025, only a handful of states still permit new common law marriages:

Colorado

Iowa

Kansas

Montana

New Hampshire (for inheritance purposes only)

Oklahoma (disputed — some courts recognize, others don't)

Rhode Island

South Carolina

Texas (called "informal marriage")

Utah

District of Columbia

Important: Many states that previously recognized common law marriage have abolished it but still recognize common law marriages formed before the abolition date (e.g., Alabama, Georgia, Pennsylvania).

Requirements for Common Law Marriage

Contrary to popular belief, there is no specific number of years of cohabitation that automatically creates a common law marriage. The typical requirements are:

1. Mutual Agreement to Be Married

Both partners must have a present intent and agreement to be married — not just a plan to marry in the future. This is the most critical element.

2. Cohabitation

The couple must live together as spouses. The required duration is not specified in most states — what matters is the quality and nature of the relationship, not the length.

3. Holding Out as Married

The couple must present themselves to the public as married. Evidence includes:

Using the same last name

Referring to each other as "my husband" or "my wife"

Filing joint tax returns

Sharing bank accounts and credit cards

Listing each other as spouses on insurance, medical forms, or legal documents

4. Legal Capacity

Both parties must be:

Of legal age (18 in most states)

Not currently married to someone else

Of sound mind

Proving a Common Law Marriage

Because there is no marriage certificate, proving a common law marriage can be challenging. Useful evidence includes:

Affidavits from friends and family who witnessed the couple holding themselves out as married

Joint financial accounts, leases, and mortgages

Tax returns filed as "married filing jointly"

Insurance beneficiary designations listing the partner as "spouse"

Children's birth certificates listing both partners as parents

Mail addressed to both partners at the same address using the same surname

Rights of Common Law Spouses

Once established, a common law marriage has the same legal effect as a ceremonial marriage. Common law spouses have:

Inheritance rights — the same as any legally married spouse

Property division rights — upon divorce, marital property is divided under state law

Spousal support rights — may be entitled to alimony

Health insurance — may be added to a spouse's employer-sponsored plan

Social Security benefits — eligible for survivor and spousal benefits

Dissolving a Common Law Marriage

A common law marriage can only be ended through a formal divorce proceeding — the same process required for any marriage. Simply separating or moving apart does not end the marriage.

The Full Faith and Credit Clause

Under the U.S. Constitution, if a common law marriage is validly established in a state that recognizes it, all other states must recognize it as valid — even if that state does not permit new common law marriages.

Disclaimer: This guide is for informational purposes only. Family law varies by state. Consult a family law attorney for advice specific to your situation.